Ezel / Ethics Opinions / MOLEC

When does a law firm’s introduction letter to organizational members need advertising disclaimers?

Short answer The opinion permits a truthful, nonmisleading introduction. It requires the Rule 4-7.3(a) ADVERTISING disclaimer if the letter promotes other firm work, plus the subsection (d) disclaimer if it mentions contingent-fee cases.
Bar
MOLEC
Issued
1996

Apply this to your situation

This page answers the general question as of 1996. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

How much weight this carries: Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

A firm representing an organization through its board wanted to introduce itself to members and possibly mention other practice areas and office hours.

The opinion permits a truthful, nonmisleading letter. If it includes firm information beyond the organizational representation, Rule 4-7.3(a)’s ADVERTISING disclaimer is required. A contingent-fee claim also triggers Rule 4-7.3(d)’s disclaimer.

Currency note

This opinion was issued in 1996, before Missouri’s 2007 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: May the firm send a simple introduction?

A: Yes, if its content is truthful and not misleading.

Q: What changes when other firm services are promoted?

A: The answer requires the ADVERTISING disclaimer; contingent-fee claims require an additional disclaimer.

Background and rules framework

The answer cites Rules 4-7.3(a) and 4-7.3(d) for the two disclaimer conditions.

Citations and references

Missouri Rules of Professional Conduct:

  • Rule 4-7.3(a)
  • Rule 4-7.3(d)

See also

Source

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Attorney´s firm represents an organization through its board. May the firm write a letter to the members of the organization, as an introduction, informing the members that the firm is representing the organization? Would it be a violation to include a paragraph explaining the other work the firm does, along with office hours? ANSWER: It would not violate the Rules of Professional Conduct, for Attorney´s firm to send a letter to the members of the organization as long as the content of that letter is truthful and not misleading. If the firm includes information beyond information related to the fact that the firm is representing the organization, it will be necessary to include the “ADVERTISING” disclaimer found in Rule 4–7.3(a). If the firm indicates that it will accept cases on a contingency fee basis, the firm must also include the disclaimer found in Rule 4–7.3(d).

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